IN silence to pretermit how the Earl of Chester was first created, and how the Prince of Wales became Earle of Chester, though it might conduce to the satisfaction of some; I shall only touch the late proceedings usually had in the said County, as it was regulated by the late Earl of Derby, and James then Lord Strange▪ since Earl, being Chamberlain for the County Palatine of Chester, and the su­pream Judge of the Court of Exchequer there, who exercised an unlimitted, independent, tyrannicall, and arbitrary power of Judicature, which was a great means, to inable, to cause so great a Power against this present Parliament.

The Court of Exchequer at Chester was only, till of late years, a Court of Revenue for the Earles Revenue, and in the nature of a Cursitors office, for the making only of the originall Writs of that County returnable before the chief Justice of Chester. All matters equitable being transacted before the Councell at Ludlow.

Eliz. Whereas in the Earl of Liecesters time it was concei­ved to be not only an honour to the Chamberlain of the said Count [...], but then was it also propounded to the Inhabitants, to have ease at their own doors. But Time the best tryer of truths and falsities hath made the contrary to appear, through the [...] ­surpation of Officers and Ministers.

Who have been the Officers and Ministers, have been too well known to some; as also, what obstructions of Justice in severall kinds and respects, and by whom occasioned, although the granting and denying, ad libitum, to passe such usuall and ordinary Writs, Sub Sigil. Com. Pal. which ex officio ought, and de jure ought not, nor ever were refused to passe under the great Seal of England, is partly an evident Character of more inju­stice there then else-where.

That it was very hard to obtain Justice there, if a man were either Forreigner or Inhabitant, and had any cause against any that were amici Curiae, or had the least dependency upon any such; neither was there any remedy for any such, in regard there was no Appeal to any of the Courts at Westminster, but to the High Court of Parliament; so that the suffering Party was remedilesse, which was well known to the prosecuting Party, which animated them in their exorbitant courses, espe­cially living proculá Jove, they apprehended themselves pro [...]t àfulmine.

Multitudes of Suits were occasioned, by reason of the neer­nesse of the Court of Exchequer, twice as many as any other County not Palatinate, the charge greater then in any of the Courts at Westminster, by reason of the parties themselves at­tending, and the dayly motion of the Court fitting, and every day occasioning variety of crosse and disordered Orders, the Attornies and Officers ever residing in the City, and there be­ing no common Sollicitors, the first Processe being twice as dear as in his Highnesse Court of Chancery, every proceeding by motions and orders, without genera [...]l rule, besides▪ the going and sending for the same to Chester, occasioned twice as great expences as the Processe.

That all Obligations, Specia [...]ties & other matters tryable at the common [Page 3] Law are determinable in the said Court, so that the Sub­jects and Inhabitants have little usage of the Law; neither is the same scarcely known unto them, by reason that every Acti­on of any value which is first brought at the common Law; for the amendi [...]g whereof, every one desireth to begin there first.

That the proceedings at the common Law there are obsolet [...] almost, by reason that there are but Assizes twice in the yeare, and every Processe returnable from one Assize to another, in case they be Writs ad respondendum, a Forreiner though never so good a Sollicitor in the Courts at Westminster, must begin to learn his A▪ b▪ c. when he hath any occasion there.

That for not appearing upon a Sub-pana in the said Court of Exchequer, they proceed to Sequestration of the Estates both of the Inhabitants there, and of such as live in London, or in any other County, if they have Estates there; albeit their oc­casions will not admit their speedy appearance, and that within one Moneth.

That if any one, for any transitory cause, and doubting of Ju­stice, there being not amicus Cur. (some of the Officers not res­senting him) should sue any Inhabitant in any of his Maj. Cour [...]s at Westminster, presently a Writ pro fractione Libertat▪ Com. Pal. Cestr▪ never read of in Fitz-Herberts Natura brevium, or else­where, issueth forth; whereupon the party is attached without either Bayle or Mainprize to the Court, and there forthwith enters into Recognizance with sufficient Sureties not to proceed else-where to stand to the Order of the Court, and not to de­part without Licence, and then he must be examined upon In­terogatories touching the breach of the said pretended liberties, and shall hardly get advice of any Councell, Attorney, or Offi­cer belonging to the said Court, in regard he is conceived to be inimicus Cur. Better by farre was it in the Star-Chamber.

Another kind of an Attachment not used in any Court of Chan­ry, being of the price of 9. s. which was usually granted upon the oath of any one who did believe that the Defendant would not stand to the Order of the Court; and upon this, Forreigners as well as Inhabitants, who had commenced no suit in any of [Page 4] the Courts at Westminster, where none but sufficient Inhabi­tants would serve, so that for the most part, Strangers were cō­pelled to make their compositions on any conditions almost.

That if any Londoner or other Forreigner should happen to sue any of the Inhabitants within the said County, in any of the Courts at Westminster, and should afterwards come into the County about the execution of any Processe, Order, or other oc­casion, then presently an Attachment pro fractione liberta [...]. must be executed upon him, and he either enforced to lose his Debt, make some unjust composition, or be sent to the Castle, unlesse he had better credit and friends then usually strangers found there.

In like manner have been attached Councellors, Attornies, & Sollicitors, for being Agents for their Clyents in the Courts at Westminster, coming accidentally into the Country, the Coun­ty Palatine of Lancaster, although having the same priviledges, [...]ever claimed the like.

Every common Processe issuing out of the Courts at West­minster, which passeth the County-Palatine Seale, costeth 5. s. & to the Attorney there 1. s. 8. d. every judicial or speciall Writ 9. s. besides the Attornies Fee; otherwise, the party may wait: the Sheriffe for his Warrant will have 6. s. 8. d. to the Bayliffe of the Hundred 13. s. 4. d. to speciall Bayliffs besides his Poun­dage, if an Execution; besides the great trouble and charge in attending upon the Chamberlains-Officer, and Sheriffe.

Not one Writ of a hundred executed, after all labour and cost, for that no person of quality living there, and indebted, but was in fee with some Attornie or Officer there, who gave him notice of the same, whereby both Sheriffe, Bayliffe, and Party were prevented.

That by reason thereof, there are few Estates in Cheshire, which are not incumbred with Statutes, Judgments, and Re­cognizances, very few being discharged, that security from the person, or Lands of the best Gentlemen in Cheshire, is accoun­ted bad security here in London, amongst either Citizen, Scrive­ner, or Broker.

That the Inhabitants of the County have not only been de­prived [Page 5] of the benefit of the common Law, but also are exemp­ted from the priviledge of divers Statute-Lawes, A little Vo­lume will not contain the abuses and intollerable sufferings, occasioned by the said County-Palatine.

Let the same come to solemn debate, and there will be found nothing but generall inconveniences, only some private accom­modation, giving principall Officers liberty to pleasure their friends, and tyrannize over the rest.

If Counties-Palatine were conceived to be priviledge for the Inhabitants, It is to be wondred why in these times of liberty other Counties do not petition for the same, other Counties e­qually deserving them, and most desiring immunities.

If the Sheriffe of the County do neglect to do his office, or return his Writs, there is no remedy for the punishing of him, because he is the Minister to the Chamberlain, and to make his returns to him, and not to any of the Courts of Kings-Bench, or Common-Pleas. And what remedy there was against, the Earl of Derby who was Chamberlain, I leave it to those who have had experience therein.

What benefit can redound to a Kingdome governed by one Law, regulated by o [...]e Parliament to have Counties Palatine, and to have Jura regalia, rather illegalia & sclo diademate dispa­ria, and to be bound up in a little corner, that upon any occasi­on that any one hath with any of the Inhabitants of the Co▪ he must go seek into the County Palatine, where he shall be more strange to their Lawes, which they call Liberties of the County, then he is to their persons, and hath no remedy to help himself, if injured.

Germany hath tasted sufficiently of the miseries which Duke­doms Principalities have occasioned. Ireland hath felt some smart by their County Palatines. & England had a fair escape from the power of the late Earl of Derby, who gathered his Forces out of the Counties Palatine of Lancaster and Chester▪ Scotland is very sensible of the grand inconveniences, occasioned by their hereditary Sheriffes, which hath caused many Princi­palities, ever destructive to States and Common-wealths. Before any further Ordinance be made for the confirmation of any. [Page 6] County Palatine, it were not impertinent, that the Judges might examine the severall abuses, and certifie the Parliament, that so no County might bee inthralled for any particular respects whatsoever.

The grandest liberty of the Subject in their election of their Knight of the County, and Burgesses for the City of Chester, hath received such opposition, as the like in no County, where­as the pretence only hath been for want of a Chamberlain; So that in the absence of that ever honoured Sir William Brereton, there hath not been any since the beginning of these differences▪ to represent the state and condition of that county. The Judges ride their Circuits far further, even to Lancaster, And yet by what fate is not known to every one that is exempted.

The state of the County Palatine of Lancaster hath been some little better.

Every one inthralled or tyrannized upon at this instant, ex­pecteth liberty and freedome▪ And so do the Inhabitants of the County Palatines of Lanca [...]ter and Chester, who have been in seruitude & slavery ever since they were made Palatinates. The Subjects also of the three Kingdomes expect to have Justice there, as else-where, from which they have [...] barred.

None but Officers desire the continuance thereof, they may be discerned by their daily sollicitations, and daily attendance upon the Houses of Patliament.

Faxit Deus ut curet haec Parliamentum.